Parliament for the Union consists of the President and two Houses, known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha) (Art.79). The President is not a member of either House but is an integral part of Parliament, because no Bill becomes law without his assent and he summons, prorogues and dissolves the Houses.
Legal Framework
| Provision | Subject | Key Rule |
|---|---|---|
| Art.79 | Constitution of Parliament | President plus two Houses |
| Art.80 | Composition of the Council of States | Maximum 250: up to 238 representing States and Union Territories, plus 12 nominated by the President |
| Art.81 | Composition of the House of the People | Maximum 550: not more than 530 from States and not more than 20 from Union Territories, chosen by direct election |
| Art.82 | Readjustment after each census | Allocation of seats and division into constituencies to be readjusted after every census, on such terms as Parliament determines by law |
| Art.83 | Duration of the Houses | Council of States is a permanent body not subject to dissolution; House of the People has a term of five years |
| Art.84 | Qualifications for membership | Citizenship, the prescribed oath, and a minimum age of thirty for the Council of States and twenty five for the House of the People |
| Art.100 | Voting and quorum | Decisions by majority of members present and voting; quorum is one tenth of the total number of members of the House |
| Art.101 | Vacation of seats | Double membership, absence for sixty days, resignation, and disqualification |
| Art.102 | Disqualifications for membership | Office of profit, unsoundness of mind, undischarged insolvency, loss of citizenship, and disqualification under any law made by Parliament |
| Art.103 | Decision on disqualification | The President decides, and shall act according to the opinion of the Election Commission |
The Council of States (Rajya Sabha)
| Feature | Position |
|---|---|
| Maximum strength | 250 (Art.80) |
| Present strength | 245, comprising 233 elected from States and Union Territories and 12 nominated |
| Representatives of States | Elected by the elected members of the State Legislative Assembly by proportional representation through the single transferable vote |
| Representatives of Union Territories | Chosen in the manner Parliament prescribes by law |
| Nominated members | 12, nominated by the President from persons having special knowledge or practical experience in literature, science, art and social service |
| Allocation of seats | Fourth Schedule, broadly on a population basis, so States are not equally represented |
| Duration | Permanent body, not subject to dissolution; one third of members retire every second year, each member serving six years |
| Presiding officers | The Vice-President is ex officio Chairman (Art.64, Art.89); the House elects a Deputy Chairman |
Why the Rajya Sabha is not a co-equal federal chamber: In a classical federation the second chamber represents the units equally, as the American Senate does with two seats per State. The Fourth Schedule instead allocates seats broadly by population, so Uttar Pradesh has many more seats than Sikkim. The framers deliberately preferred a chamber of revision and of continuity over a chamber of equal State representation. This is one of the strongest textual arguments that the Indian Constitution is federal in structure but with a pronounced unitary bias.
The House of the People (Lok Sabha)
| Feature | Position |
|---|---|
| Maximum strength | 550 (Art.81) |
| Present strength | 543 elected members |
| Method of election | Direct election from territorial constituencies by universal adult suffrage (Art.326) |
| Basis of allocation | Each State is allotted seats so that the ratio of seats to population is, so far as practicable, the same for all States |
| Duration | Five years from the date appointed for its first meeting, unless dissolved sooner (Art.83(2)) |
| Extension | During the operation of a Proclamation of Emergency the term may be extended by Parliament by law for one year at a time, and not beyond six months after the Proclamation ceases to operate |
| Presiding officers | Speaker and Deputy Speaker, elected by the House (Art.93) |
| Reserved seats | Seats reserved for Scheduled Castes and Scheduled Tribes under Art.330 |
The freeze on readjustment: Article 82 requires readjustment after every census, but successive amendments have suspended its practical effect. The 42nd Amendment, 1976 froze allocation on the 1971 census figures until the year 2000, and the 84th Amendment, 2001 extended that freeze to the first census after 2026. The 87th Amendment, 2003 permitted readjustment of constituencies within States on the basis of the 2001 census while keeping each State's total unchanged. The reason was political: States that had succeeded in controlling population growth would otherwise have lost seats, which was thought to penalise successful family planning.
Facts: Amendments to the Representation of the People Act, 1951 deleted the requirement that a candidate for the Council of States be ordinarily resident in the State he sought to represent, and substituted an open ballot for the secret ballot in such elections. Both changes were challenged.
Issue: Whether the removal of the residence requirement destroyed the federal character of the Council of States, and whether the open ballot violated the freedom of the elector.
Held: Both amendments were upheld. The Constitution nowhere requires domicile in the State as a qualification for membership of the Council of States; Art.84 prescribes the qualifications exhaustively and residence is not among them. The Council of States is not a purely federal chamber. The open ballot was a legitimate means of curbing cross voting and corruption, and a legislator's vote in such an election is not an exercise of a fundamental right.
Relevance: The leading modern authority on the character of the Council of States and on the scope of Art.84. Cite it whenever a question asks whether the Rajya Sabha truly represents the States.
Qualifications and Disqualifications
Qualifications (Art.84): a person must be a citizen of India; must make and subscribe before a person authorised by the Election Commission an oath or affirmation according to the form in the Third Schedule; must be not less than thirty years of age for the Council of States and not less than twenty five for the House of the People; and must possess such other qualifications as Parliament prescribes by law.
Disqualifications (Art.102(1)): holding an office of profit under the Government of India or of a State, other than an office declared by Parliament not to disqualify; being of unsound mind and so declared by a competent court; being an undischarged insolvent; not being a citizen of India, or having voluntarily acquired the citizenship of a foreign State or being under any acknowledgement of allegiance to a foreign State; and being disqualified by or under any law made by Parliament.
Defection (Art.102(2)): a member is also disqualified if he is so disqualified under the Tenth Schedule, which is dealt with separately in Anti-Defection Law.
Vacation of seats (Art.101): a person may not be a member of both Houses; nor of Parliament and a State Legislature at the same time; a seat becomes vacant on resignation accepted by the presiding officer, and the House may declare a seat vacant where a member has been absent from all meetings for sixty days without permission.
Illustrations
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Age qualification: A candidate aged twenty seven seeks election to the Council of States. He is disqualified under Art.84(b), which requires thirty years, although he would be eligible for the House of the People.
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Domicile of a Rajya Sabha candidate: A person ordinarily resident in Telangana is elected to the Council of States from Rajasthan. Applying Kuldip Nayar v Union of India (2006), the election is valid, residence not being a qualification under Art.84.
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Nominated members: The President nominates a distinguished classical musician to the Council of States. This is within Art.80(3), which permits nomination of persons with special knowledge or practical experience in literature, science, art or social service.
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Quorum: A House with a total membership of 543 proceeds to transact business with 50 members present. Under Art.100(3) the quorum is one tenth of the total, that is 55, so the sitting is not properly constituted and the presiding officer must adjourn or suspend it.
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Extension of the term: While a Proclamation of Emergency is in operation, Parliament extends the life of the House of the People by one year. This is permissible under the proviso to Art.83(2), but the extension cannot continue beyond six months after the Proclamation ceases.
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Permanence of the Council of States: The House of the People is dissolved. The Council of States continues to function, being a permanent body not subject to dissolution under Art.83(1). This is why it can sit even when the popular House does not exist.
Recall Check
- Who are the components of Parliament under Art.79, and why is the President said to be part of it?
- State the maximum and present strengths of each House.
- How are representatives of the States chosen for the Council of States, and who votes?
Key Cases
Kuldip Nayar v Union of India (2006) Kuldip Nayar v Union of India 2006
Issue: Whether deleting the residence requirement for Council of States candidates, and substituting an open ballot, was constitutionally valid.
Rule: Art.84 prescribes the qualifications for membership exhaustively, and residence in the State is not among them. The Council of States is not a purely federal chamber.
Held: Both amendments upheld. Federalism was not violated, and the open ballot was a legitimate curb on cross voting.
Distinctions
| Basis | Council of States | House of the People |
|---|---|---|
| Maximum strength | 250 | 550 |
| Present strength | 245 | 543 |
| Mode of election | Indirect, by elected members of State Assemblies, by proportional representation with a single transferable vote | Direct election from territorial constituencies |
| Nomination | 12 members nominated by the President | None at present |
| Duration | Permanent, one third retiring every second year | Five years, subject to earlier dissolution |
| Term of a member | Six years | Five years |
| Minimum age | 30 years | 25 years |
| Dissolution | Not subject to dissolution | May be dissolved by the President |
| Presiding officer | Vice-President as ex officio Chairman | Speaker elected by the House |
| Money Bills | Cannot originate; only recommendations within 14 days | Exclusive power to originate |
Flashcards
What does Parliament consist of under Art.79?
The President and two Houses, the Council of States and the House of the People.
Why is the President part of Parliament though not a member of either House?
Because no Bill becomes law without his assent, and he summons, prorogues and dissolves the Houses.
What is the maximum strength of the Council of States and how is it made up?
250, being up to 238 representatives of States and Union Territories plus 12 members nominated by the President.
Who elects the State representatives to the Council of States?
The elected members of the State Legislative Assembly, by proportional representation through the single transferable vote.
What is the maximum strength of the House of the People?
550, being not more than 530 from the States and not more than 20 from the Union Territories.
For how long can the term of the House of the People be extended, and when?
By one year at a time by Parliament during the operation of a Proclamation of Emergency, and not beyond six months after the Proclamation ceases.
What is the quorum for a House of Parliament?
One tenth of the total number of members of that House (Art.100(3)).
Is residence in a State a qualification for election to the Council of States?
No. Kuldip Nayar v Union of India (2006) held that Art.84 states the qualifications exhaustively and residence is not among them.
Who decides a question of disqualification of a sitting member under Art.102?
The President, who must act according to the opinion of the Election Commission (Art.103).
Why is the Council of States called a permanent body?
Because under Art.83(1) it is not subject to dissolution; one third of its members retire every second year.
Exam Scenario
Problem: Devika, aged twenty eight and ordinarily resident in Kerala, is elected to the Council of States from Maharashtra. Her election is challenged on two grounds: that she is not resident in Maharashtra, and that she is below the prescribed age. Separately, after her election she is appointed to a statutory corporation carrying a salary, and a question arises whether she has incurred a disqualification. She also complains that a Bill was passed in the House on a day when only 20 of the 245 members were present. Advise on each point.
Step 1: Reject the residence objection
Apply Kuldip Nayar v Union of India (2006). Art.84 sets out the qualifications exhaustively, and residence in the State represented is not one of them.
Parliament had validly deleted the statutory residence requirement, and the Council of States is not a purely federal chamber. This ground fails.
Step 2: Test the age qualification
Apply Art.84(b). Devika is twenty eight, so she is not qualified for the Council of States and this ground succeeds.
| House | Minimum age | Devika at twenty eight |
|---|---|---|
| Council of States | Thirty years | Not qualified. The election is open to challenge on this ground |
| House of the People | Twenty five years | Would have been eligible |
Step 3: Apply the office of profit tests
Apply Art.102(1)(a). Holding an office of profit under the Government of India or of a State disqualifies, unless Parliament has by law declared that office not to disqualify.
Run these tests on the statutory corporation post:
- Does the Government make the appointment?
- Can the Government remove the holder?
- Does the Government pay the remuneration?
- Does the Government control the functions?
If the office answers those tests and is not exempted by the Parliament (Prevention of Disqualification) Act, 1959, she is disqualified. Under Art.103 the President decides the question in accordance with the opinion of the Election Commission.
Step 4: Check the quorum
Apply Art.100(3). The quorum is one tenth of the total membership, here 25 of 245.
With only 20 present the House was not properly constituted, and the presiding officer was bound to adjourn or suspend the sitting. The proceedings were therefore irregular.
Residence is not a qualification. The temptation is to treat residence in the represented State as an Art.84 requirement. It is not, and Kuldip Nayar is the authority.
The two age thresholds differ. Thirty for the Council of States, twenty five for the House of the People. Devika fails only because she was elected to the upper House.
Check the 1959 Act before concluding disqualification. An office answering all four tests still does not disqualify if Parliament has declared it not to disqualify.
The office of profit question is not yours to decide. Under Art.103 it goes to the President, who acts in accordance with the opinion of the Election Commission.
Conclusion. The age objection is fatal to her election and the residence objection fails. The office of profit question turns on the character of the office and is for the President on the Election Commission's opinion. The proceedings lacking a quorum were irregular.
See Also
- Powers and Functions of Parliament : the legislative procedure and the special treatment of Money Bills, which turn on the composition set out here.
- State Legislatures : the corresponding provisions for the States, closely modelled on these.
- Anti-Defection Law : the Tenth Schedule disqualification referred to in Art.102(2).